AKA: Hurley-Byrd, HB, etc... Current revision February 2017
Privacy and Company Policies: How We Protect You.....and Us.
Hurley-Byrd respects the privacy of our online visitors and is
committed to protecting the privacy and security of our customers.
with how we handle your submissions, either new designs, photographs, stories and testimonials.
Please read this policy carefully. We may, at our discretion, change this policy from time to time in
order to address new issues, legal matters and reflect changes on our site. All changes will be posted here.
You may also send general questions to this address and they will be answered promptly.
We will not sell, trade, or give out e-mail addresses to any company or other organizations.
We will not intentionally disclose any personal identifiable information about you as an individual
user (such as and for example, your full name, street address, telephone number or e-mail address)
to any third party. We may request personal identification information from you in connection with
your use of, or participation in, contests and submissions. However, we will only collect and
use this personal information when you voluntarily submit and agree to our request.
Any personal information provided to us may be used in connection with the activities previously
referred to above. Should you send us an e-mail with questions or comments, we may use
your personal information in order to respond to your questions or comments.
We may also keep your comments or questions for future reference.
Exceptions to Personal Information
One exception to this policy is we will release specific information about you or your account to
comply with any valid legal process such as a search warrant, subpoena, statute or court order.
Privacy of Minors
Hurley-Byrd does not solicit personal information from minors.
Consistent with the Children's Online Privacy Protection Act of 1998, we will never knowingly
request personally identifiable information from anyone under the age of
seventeen (17) without prior verifiable parental consent.
If we become aware that a subscriber is under the age of seventeen (17) and has registered
without prior verifiable parental consent, we will remove his or her personally identifiable registration
information from our files. Please note: We may nevertheless maintain a record of that person's
name and address in a "do not register" file to avoid subsequent registration by
a child under the age of seventeen (17).
A cookie is a small data file stored on the user's hard drive which may contain information about the user.
our web site usage statistics. If you are a registered user, your cookie allows us to recognize you when
you return to our site and provides you with quicker access to previously viewed pages. If you register with
Security of Credit Card Information
Hurley-Byrd utilizes PayPal.com for all financial activities which are handled and processed through
our e-junkie.com (we hate that name but love their service) shopping cart. Both PayPal and e-junkie utilize Secure Sockets Layer technology, an advanced data encryption system used to ensure the security and confidentiality of information exchanged between your or our browser and their site's e-commerce servers.
All of your personal information (including credit card numbers) will be encrypted and then transmitted from your or our browser to their e-commerce systems securely and they will not share your financial information with us when an order is processed directly through their system. This information can only be
unencrypted by PayPal, e-junkie or their agents and the information transferred to us is in regards
to communicating with you, processing your order and to complete the shipment.
We can only guarantee personal and financial information and secure transactions with orders placed
directly through and completed at PayPal.com and/or e-junkie. We cannot and will not guarantee secure transactions for orders sent to us via postal mail, e-mail or any other means due to the fact we are not in complete possession of this information from the time you send it to the time it is received at Hurley-Byrd.
Upon Hurley-Byrd’s receipt of your information, it will be safeguarded and once the transaction is
completed, all written financial information will be positively destroyed and disposed of appropriately.
As a side note: DO NOT EVER give your financial information through standard email to anyone or
any organization. It is an insecure means of transferring this information and may be
intercepted by unscrupulous individuals.
Submission of Photographs, Drawings and Written Materials
Hurley-Byrd Photographic, Product Design, Written Story and Testimonial Submissions
Official Qualifications of Use and Distribution Policies Regarding These Items.
1. GENERAL. Hurley-Byrd (Hurley-Byrd, LLC as of October 1, 2009), AKA Hurley-Byrd,
The Hurley-Byrd Bird Feeder Co. and collectively as Hurley-Byrd or HB or The Company encourages photo and written submissions of wildlife or nature stories and product testimonials for use in, but not limited to, advertising on its website and other advertising venues internally or from outside sources depicting Hurley-Byrd product installations or photographing wildlife with or without depicting Hurley-Byrd products. The foregoing is a general description of who is qualified to submit such items and will be governed by these Official Qualifications.
2. ELIGIBILITY. Submissions will only be accepted by persons who, as of the submission date, are legal residents of the United States, Canada or the European Union and who are at least eighteen (18) years old, or the applicable age of majority in their jurisdiction, if such age is other than 18.
3. HOW TO SUBMIT. All submissions must comply with the terms and conditions of these Official Qualifications, including the appropriateness of the submission detailed below. You may submit as many items as you desire. All submissions will be deemed to have been created by the individual named in the submission form, email or postal letter. Any submission that does not comply with any aspect of these Official Qualifications will be rejected by Hurley-Byrd and not recognized or returned to sender.
Each submission must be in keeping with HB's positive image and may not be offensive or inappropriate, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person' s or entity's personal, intellectual property or property rights or any other third party rights (including, without limitation, copyright and trademark rights). A submission may not incorporate or include anything that would require the consent of any third party for the use of the submission as set forth in these Official Qualifications, and may not include the image of a person without the prior written consent of such person. HB reserves the right, in its sole discretion, to disregard any submission HB deems, in whole or in part, to be offensive, inappropriate or that is not in keeping with HB's image; such a determination by HB may be made at any time, including, without limitation, based on facts or
circumstances arising before, during or after any submission.
All submissions must be the entrant's own original creation (an original is the product of one's own mind and is not a copy or imitation), created solely by the individual making the submission. Submissions may not have been published previously, in whole or in part. Modifying, enhancing or altering a third party's preexisting work does not qualify as an original creation.
Although submitters will retain ownership of copyright in the photographs, writings and testimonials submitted, each submission and the copies of photographs, writings and testimonials submitted therewith (collectively the "Submission(s)"), become the property of Hurley-Byrd, and will not be acknowledged or returned. Each Submitter hereby grants to HB, its parents, subsidiaries, related entities, and each of their successors and assignees, the perpetual, irrevocable, worldwide and fully-transferable right and license, without any obligation, notification to or approval of entrant, to reproduce, distribute, modify, display, sell, make derivative works of, and otherwise use submissions (or any part thereof) in any manner or media whether now or hereafter existing for promotional purposes in connection with promotions, including reference thereto or promotion thereof ,or in connection with the business of HB or its related entities when referencing The Company, its products or any other public relation activity or for marketing of the foregoing in any manner or to distribute copies in and out of framing or matting, without payment or other consideration or recognition to or consent of submitter or any third party including without limitation featuring the writing, photograph or testimonial in the submissions on HurleyByrd.com, any other Company website, retail event, wholesale event or trade show event and media properties as The Company deems appropriate. The foregoing license includes the right to sell, exploit or transfer The Company rights in sale of any submission for personal, private or commercial purposes as The Company sees appropriate and the Submitter will be notified of said transfer on or before legal ownership change date and shall be obligated to render these Submission Qualifications to the new owner in full. Hurley-Byrd shall have no obligation to maintain any Submission, or any information or ideas contained therein, as confidential or proprietary. The Company reserves the right to edit, modify, or abridge any submission for any reason prior to use and may place The Company copyright within all published materials as a representation of The Company’s ownership and will at no time exhibit the Submitter’s copyright, personal or professional information and shall not at anytime advertise, market or represent the submission on behalf of the Submitter or any third party to whom they represent without prior written agreement between Hurley-Byrd and the Submitter.
4. USE OF SUBMISSIONS; PUBLICITY. Except where prohibited by law, all submissions to Hurley-Byrd consent to HB and its related entities' use of submitter's name, city, state, and any information as The Company deems, and other submissions submitted subsequently provided to HB on any websites on which content provided by HB is utilized or featured, on any other websites or print publications or other media in any format owned, controlled or hired by The Company or its related entities, and in any manner or media in which content from such websites or other media may be distributed, reproduced or displayed, worldwide, in perpetuity, and without payment, consideration, recognition or consent or notification to or by the submitter.
5. GENERAL CONDITIONS. By making any submission, in any manner to Hurley-Byrd, each submitter fully and unconditionally agrees to be bound by and accepts these Official Qualifications regarding submissions, the usage of submitted material, and the nature of which they will be used, which are final and binding in all respects. HB reserves the right, in its sole direction, to dispose, modify or provide any submission or submissions to appropriate authorities, if in HB's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any submission, or if viruses, bugs, technical difficulties or any other factor which may corrupt or effect the administration, security, integrity or proper operation of The Company’s, and its affiliate’s, electronic and non-electronic equipment. In the event The Company recognizes any illegal copyright infringements, illegal content of photographs or suspects either of these conditions, HB reserves the right to transfer all associated materials without limitation to the possession of law enforcement officials without the Submitter’s knowledge. In such event, HB reserves the right in its sole discretion to alert the appropriate law enforcement parties, file suit for damages against submitter and their affiliates, to dispose of submissions, without any further contact or notification to the person making the submission. HB reserves the right in its sole discretion to disregard any submission it finds to be tampering with The Company assets or operations or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt to deliberately damage any website or electronic equipment is a violation of criminal and civil laws, and, should such an attempt be made, HB reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. HB's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
6. RELEASE. By submitting, each submitter forever and irrevocably releases and holds harmless HB, its parent company, subsidiaries, affiliates, related entities, agents, suppliers and all of their respective employees, officers, directors (collectively, the "HB Parties") from and against all losses, claims, damages, liabilities, costs or expenses (collectively, "Losses") arising in whole or in part, directly or indirectly, from submitter’s participation and/or submitter’s use or any product provided as compensation, or use of any product awarded as compensation, including, but not limited to, any Losses caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE of any HB Parties. The foregoing release includes, without limitation, any and all LIABILITY, BODILY INJURY, DEATH, LOSS OR DAMAGE to submitter or any third party arising in whole or in part, directly or indirectly, from submitter's use of or participation in any product or products which have been provided by HB Parties. Each submitter further COVENANTS NOT TO SUE any of the HB Parties with respect to any matter addressed by this release.
7. LIMITATIONS OF LIABILITY. The HB Parties are not responsible for: (a) incorrect transcription of submitted information or lost, stolen, unintelligible, illegible, damaged, incomplete, misdirected submissions received through impermissible or illegitimate channels, all of which will be disposed; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention; (e) printing, typographical, electronic or human errors in the administration or the processing of submissions; or (f) any injury or damage to persons or property, including but not limited to submitter's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's submission, or from viewing or downloading any material from HB's websites, regardless of whether the material was prepared by HB or a third party, and regardless of whether the material is connected to HB's websites by a hypertext link.
8. MISCELLANEOUS. Submitter agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the submissions shall be resolved exclusively in a federal or state court located in the State of West Virginia, USA. Submitter submits to personal jurisdiction of said courts for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with making submissions but in no event attorneys' fees; and (c) under no circumstances will submitter be permitted to obtain awards for punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Qualifications, or the rights and obligations of submitter or HB shall be governed by, and construed in accordance with, the laws of the United States and the State of West Virginia, without giving effect to any choice of law or conflict of law rules of provisions.
Product Use Disclaimer and Rights
Use of any and all Hurley-Byrd products and the compliance of any and all local, state or federal
laws is strictly the responsibility of the user of our products and Hurley-Byrd assumes no responsibility
or liability in the use of said items and by using any Hurley-Byrd product the user accepts any and all
responsibilities and liabilities in regard to the law, the personal safety and welfare of any and all person(s),
wild or domestic animal(s), personal property belonging to the user or any other individual,
organization or entity whom the attraction of any person(s), wild or domestic animal(s) that
the product and or its contents may cause. All rights regarding product designs,
innovations and any intellectual property are reserved by Hurley-Byrd, LLC